South Africa filed a case against Israel at the International Court of Justice in late December 2023, alleging that Israel had violated the Convention on the Prevention and Punishment of the Crime of Genocide in its conduct of operations in Gaza. The case has been a significant legal challenge to Israeli conduct and has contributed to the formal characterization of Israeli actions as plausibly genocidal.
The South African application included extensive documentation of statements by Israeli officials that the application argued demonstrated genocidal intent, including statements by Israeli President Isaac Herzog characterizing the entire Palestinian population as combatants, statements by Israeli Defense Minister Yoav Gallant ordering a complete siege of Gaza on the grounds that “we are fighting human animals,” and statements by Israeli Prime Minister Benjamin Netanyahu invoking the Biblical injunction against Amalek that has been understood in Jewish religious tradition as commanding the complete destruction of an enemy people.
The International Court of Justice issued its provisional measures order on January 26, 2024, finding that South Africa had presented a plausible case of genocide and ordering Israel to take immediate measures to prevent acts of genocide, to prevent and punish incitement to genocide, to ensure the provision of humanitarian assistance, and to preserve evidence relevant to potential genocide proceedings. This was the first time in the history of the Genocide Convention that the International Court of Justice had found a plausible case of genocide against a state party.
Despite the legal findings, Israel did not comply with the provisional measures. The International Court of Justice subsequently issued additional orders, including in March 2024 and May 2024, requiring expanded measures including the cessation of operations in Rafah. Israel did not comply with these orders either.
The case has had significant implications for international law and has contributed to the formal legal characterization of Israeli conduct as plausibly genocidal. The International Court of Justice proceedings will continue for years and will produce findings whose long-term implications cannot yet be fully assessed but whose immediate effect has been the formal legal characterization of Israeli conduct as plausibly genocidal.
See Also
gaza.md, genocide.md, international-criminal-court.md, israel.md